HomeMy WebLinkAboutLL-2003 #26 NEW YORK STATE DEPARTMENT OF STATE
Local
Law
Filing 41 STATE STREET, ALBANY, NY 12231
(Use this form to fde a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
civ~,
Town of SOUTHOLD
LOCAL LAW NO. 26 2003
A Local Law entitled "A Local Law in relation to Senior Citizens Exemption"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Purpose -To increase the income limit for senior citizen exemptions considering the current pace of inflation.
1I. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows:
§ 85-1. Partial exemption for senior citizens
A. Amount of exemption.
(1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property
owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from town taxes to the
extent provided, subject to the following income limitations:
~come
Extent of Exemption
$23,999 50%
$24,000 to $24,999 45%
$25,000 to $25,999 40%
$26,000 to $26,999 35%
$27,000 to $27,899 30%
$27,900 to $28,799 25%
$28,800 to $29,699 20%
$29,700 to $30,599 15%
$30,600 to $31,499 10%
$31,500 to $32,399 5%
Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from
the total amount assessed
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
?
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law and
shall apply to assessment roils prepared on the basis of taxable status dates occurring on or after March 1, 2004.
Strike-through represents deletion.
Underline represents insertion.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.11/99) (1)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 26 of 20 03 . of the
(Coan~9(Ci~9(Town) ~itt~go) of SOUTllOLD was duly passed by the
TOWN BOARD on November 18 ,20 03 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law armexed hereto, designated as local law No. of 20
o£the (County)(City)(Town)(Village) o£ was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ~,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby cart/fy that the local law annexed hereto, designated as local law No. _of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ~ and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(perrrfissive) referendttm, and received the affirmative vote o£a majority of
the qualified electors voting thereon at the (general)(special)(armual) election held on 20 , ~
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was fried requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. o£ 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 __., and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a comity elected on a county- w/de
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or v/llage, or the supervSsor of
a town where such officer is vested w/th the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of_ having been subm/tted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20~, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general elect/on, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of~e Coun~ Icgislal/ve body. (l~ty. Town or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date: __
November 21,2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law attired hereto.
patricia A. FinnegaS~-E~q, As~d~.a'nt Town Attorney
Gregory F. Yakaboski, Esq., Town Attorney
Title
Town of
SOUTHOLD
Date:
(3)
November 21, 2003
ELIZABETH ~ NEV~J,F,
TOWN CLERK
REGISTRAR OF ~ffJ[TAL STATISTICS
MARRIAGE OFFICER
I~CORDS I~AG~NT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P,O~ Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 25, 2003
Certified, Registered Receipt
New York State Department of State
State Records and Law Bureau
4I State Street
Albany, NY 12231
Local Law Numbers 25 & 26 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith certified copies of Local Law Numbers 25 & 26 of 2003 of the Town of
Southold suitable for filing in your office.
I would appreciate if you would send mc a receipt indicating thc filing of the enclosures
in your office. Thank you.
Enclosures
cc: Town Attorney
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A, NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765~1800
southoldbown.northfork.ne~
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 25, 2003
Attention: Shirley Flint
Code Supplementation
General Code Publishers Corp.
72 Hinchey Road
Rochester, NY 14624
Re: Town of Southold Code
Local Law Numbers 25 & 26 of 2003
Dear Ms, Flint:
Transmitted herewith please find the Local Law Numbers 25 & 26 of 2003.
Please make the appropriate amendments to the South01d Town Code.
Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
General Cede Publishers
72 Hinchey Road
Rochester, NY 14624 r¢~__~ U.S. ~0ST~_~'~,
Phone: 800/836-~834 Fax: 585~28~8189
Emai]: sales~generalcode,com
12/02/2003
Ms. Elizabeth A. Neville:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
Local Law Nos. 25-2003 and 26-2003.
Town of Southold
C/O Clerk's Office
PO Box 1179
Southold, NY 11971
LEGAL NOTICE
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY
GIVEN that 'there has been pre-
sented ~o the Town Board of t~
Town of Southold, on .the 6
day of November, 2003, "A
Local Law ia Relation to
Exemption for Disabled Persons
with Limited Income":
NOTICE IS FURTHER
GIVEN that the Town Board of
the Town of Southold will hold a
public hearing on the aforesaid
Local Law at the Southold 7own
Hall, 53095 M~m Road.
Southol6, New York, aM'hereby
sets 5:05 P.M., Tuesday,
November 18, 2003, as the time
and place for a pubfic hearing m
which time all interested persons
will be heard.
LOCAL LAW NO.
2003
TOWN OF SOUTHOLD
A Local Law entitled A
Local Law in relation to
Senior Citizens Exemption"
BE IT ENACTED by the
Town Board 'of the Town of'
Southold. as follows:
Purpose -To increase the
income limit for senior citizen
3 ~ Traveler Watchman ~ 23A
exemptions considering the cur-
rem pace of inflation.
IL-Chapter 85 (Taxafiom of
the Code of the Town of
Southold is hereby mnended as
follows:
§ 85-1. Partial exemption for
senior citizens
A. Amount of exemption.
(1) Real pmper;y owned by
one or more persons, each of
whom is 65 years of age or over.
or real property owned by hus-
band and wife. one of whom is
65 years of age or over, shall be
exempt from town rexes to the
extent provided, subject to the
following income limitations:
Income Extent of
Exemption
Up to $2?.99 523.999 50%
21,500 to $22,t99
$24.000 to $24,999 45%
22,500 to $25~ 199
$25,000 to $25.999 40%
23,500 to $2~, ~99
$26.000 to $26,999 35%
2%500 to $25.399
$27,000 to $27.899 30%
25,~00 to $26.299
$27,900 to $28,799 25%
26,300 to $27, 199
$28,800 to $29.699 20%
27.200 to $28.099
$29.700 to $30,599 15%
28,100 to $28.999
$30.600 to $31,499 10%
29,000 to $29.899
$31.500 to $32,399 5%
Such exemption shall be com-
puted after all other partial
exemptions allowed by law have
been subtracted from the total
amount assessed
III. SeverabilRy.
If any clause, sentence, para-
graph, section, or part of this
Local Law shall be adjudged by
any court of competent jurisdic-
tion to be invalid, the judgment
shall not effect the validity of
this law as a whole or any parr
/ttere of other than the parr so
decided to be unconstitutional or
invalid.
IV. Effec~ve Date..
This Local Law shall take
effect immediately upon filing
with the Secretary of State as
provided by law and slmtl apply
ro assessment rolls prepared on
the basis of taxable slams dates
ocuntring on or a~er March 1.
2004.
Strike-through represents
deletion.
Underline represents inser-
tion.
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF THE TOWN OF
SOUTHOLD. NOVEMBER 6,
2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN
CLERK
1X 11/13/03 (054)
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator. of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in sa_id Traveler
~Vatchman once each week
for ..... /....week(g)- successively.
com~e)~c, ibg on2~he.... ~-~.~ ....... day of
Swolg]vto. before me this....~....day of
.c...~. ~~ 2003
Notary Public
Emily Hamill
NOTARY PUBLIC, State of New York
No. 011tA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of'
the Town of Southold~ on the 6th day o£November, 2003, "A Local Law in Relatiun to
Exemption for Disabled Persons with Limited Income";
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the a~oresaid Local Law at the Southold Town Hall, 53095 Main
Road, Southold, New York, and hereby sets 5:05 P.M., Tuesday, November 18, 2003, as
the time and place for a public hearing at which time all interested persons ~vill be heard.
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled "A Local Law in relation to Senior Citizens Exeml~tion"
BE IT ENACTED by the Town Board of the Town of S outhold, as follows:
Purpose -To increase the income limit for senior citizen exemptions considering the current
pace of inflation.
II. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as
follows:
§ 85-1. Partial exemption for senior citizens
, A. Amount of exemption.
(1) Real property owned by one or more persons, each of whom is 65 years of age or
over, or real property owned by husband and wife, one of whom is 65 years of age or over,
shall be exempt from town taxes to the extent provided, subject to the following income
limitations:
Income
Extent of Exemption
Up to $2!,~.99 $23,999
21,500 to $22 499 $24,000 to
22,500 to $23
23,500 to $24
24,500 to $25
25,400 to $26
26,300 to $27
27,200 to $28
28,100 to $28
29,000 to $29
50%
$24,999 45%
499 $25,000 to $25,999 40%
499 $26,000 to $26,999 35%
399 $27,000 to $27,899 30%
299 $27,900 to $28,799 25%
199 $28,800 to $29,699 20%
099 $29,700 to $30,599 15%
999 $30,600 to $31,499 I0%
899 $31,500 to $32,399 5%
Such exemption shall be computed after all other partial exemptions allowed by law have
been subtracted from the total amount assessed
III. Severability.
lfany clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jm:isdicfion to be invalid, the judgment shall not effect the validity of
this law as a whole or any part there of other than the part so decided to be unconstitutional
or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law and shall apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after March l, 2004.
SlaSke-through represents deletion.
Underline represents insertion.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF
SOUTHOLD, NOVEMBER 6, 2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON NOVEMBER 13, 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Assessors
Town Attorney
John Cushman
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly
sworn, says that on the I (~ day of ~ ,2003, she affixed a
notice of which the armexed printed notice is a tree copy, in a proper and substantial manner,
in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC HEARINGS FOR NOVEMBER 13, 2003:
A Local Law in Relation to Exempfiun for Settlor Citizen Exemption
Southold Town Clerk
Sworn before me this
/~Z. day
,2003.
Term
SOUTHOLD TOWN BOARD
PUBLIC HEARING
November 18, 2003
5:05 P.M.
HEARING ON "A LOCAL LAW IN RELATION TO SENIOR CITIZENS EXEMPTION."
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Absent: Councilman Craig A. Richter
Town Attorney Gregory F. Yakaboski
COUNCILMAN WlCKHAM: NOTICE IS HEREBY GIVEN that there has been presented to the
Town Board of the Town of Southold, on the 6th day of November, 2003, "A Local Law in Relation to
Exemption for Disabled Persons with Limited Income";
NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a
public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,
New York, and hereby sets 5:05 P.M., Tuesday, November 18, 2003, as the time and place for a
public heating at which time all interested persons will be heard.
LOCAL LAW NO. 2003
TOWN OF SOUTHOLD
A Local Law entitled "A Local Law in relation to Senior Citizens Exeml~tion"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Purpose -To increase the income limit for senior citizen exemptions considering the current pace of
inflation.
II. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows:
§ 85-1. Partial exemption for senior citizens
A. Amount of exemption.
(1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real
property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt fi.om
town taxes to the extent provided, subject to the following income limitations:
Income
Up to $Lzt~$99 $23,999
21,500 to $22F199 $24,000 to $24,999
22,500 to $23FI99 $25,000 to $25,999
23,500 to $24,499 $26,000 to $26,999
2d,500 to $25,399 $27,000 to $27,899
Extent of Exemption
50%
45%
40%
35%
30%
November 18, 2003
Public Heating-Sen/or Exemptions
25,400 to $26,299 $27,900 to $28,799
26,300 to $27,199 $28,800 to $29,699
27,200 to $28,099 $29,700 to $30,599
28,100 to $28,999 $30,600 to $31,499
29,000 to $29,899 $31,500 to $32,399
25%
20%
15%
10%
5%
Such exemption shall be computed after all other partial exemptions allowed by law have been
subtracted from the total mount assessed
Ill. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. ~ffective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or
after March 1, 2004.
We have a notice that it has appeared on the Town Clerk's bulletin board and Betty, do we have your
word that it has appeared in the newspaper?
TOWN CLERK NEVILLE: I saw it in the paper but I have no affidavit.
COUNCILMAN WICKHAM: We saw it in the newspaper but we don't have the affidavit.
SUPERVISOR HORTON: Thank you very much. Would anyone care to address the Board on this
legislation? Yes, Mr. Siegmann.
ED SIEGMANN: My name is Ed Siegmarm and I am from the East End Senior Citizen Council. We
supported this legislation when it came before the State, so we are supporting it since you are
following what the State did and we believe that it is a step in the right direction to possible keep some
of the sen/ors, out in tiffs area, where they have lived for a long time but in many instances, they are
being outpriced as far as being able to stay here. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Siegmann. Yes, Mr. Carlin.
FRANK CARLIN: Frank Carlin, Laurel. 1, too, support this and I think it is great for the sen/or
citizens. But I would like to maybe have the schools adopt something like this, too, for the seniors.
Especially Mattituck, with the $41 million budget that they expect some of the seniors to be paying for
in the future. This would be a nice plan for the school to adopt, something like this for the seniors.
SUPERVISOR HORTON: Thank you, Mr. Carlin. Mr. Scott.
BOB SCOTT, CHAIRMAN, BOARD OF ASSESSORS: Bob Scott, Chairman of the Board of
Assessors. This is the first step, the Assessors Office brought it before the Town Board for their
implementation of this particular law, hoping that the Town Board would increase it from $29,900 to
$32,400. The Assessors are also going to be going to the schools, the individual schools; and ask them
if they would comply with the State enabling legislation as well. The County hasn't passed their
November 18, 2003 3
Public Hearing-Senior Exemptions
portion of it yet. I think they will before March 1. So, if anybody is considering what the impact is,
$2,500 with the sliding scale as Mr. Wickham read out the sliding scale to everybody, it really doesn't,
it is a negligible increase, especially with the mount of the increases with the people's salaries. And
as Mr. Siegmaun said also, we are trying to keep the seniors here and this is a way of trying to do that.
Thank you.
SUPERVISOR HORTON: Thank you very much, Mr. Scott. Yes, Mr. Siegmann.
MR. SIEGMANN: I just wanted to add that the East End Senior Citizen Council will be going to the
school districts also, to try to encourage them to adopt it.
SUPERVISOR HORTON: Okay, good. Thank you very much. I will also reach out to the
Superintendents of the three schools to let them know that our Office is available to answer any
questions.
MR. SIEGMANN: Four schools.
SUPERVISOR HORTON: Did I say a number of schools? I am sorry, I didn't even know it. I didn't
even realize I said a number. I thought I said of the school districts. But all of the superintendents.
Maybe you heard me say all three superintendents. All of the superintendents, to let them know that
our office is available to answer any questions that they may have. And Bob, I know that you have
made your office equally available, if not more so. Thank you. Are there any other comments on this
legislation? (No response) We will close this public hearing and move back to our resolutions.
Southold Town Clerk